Equity Holding Corp. v. Jordan

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s report and recommendation and sua sponte remands an eviction-related removal to the Spartanburg County Magistrate Court for lack of subject matter jurisdiction. The court finds the defendant’s motion for a temporary restraining order and preliminary injunction moot and warns that sanctions may be imposed for additional improper removal notices.

Holdings

1. When no specific objections are filed to a magistrate judge's report and recommendation, the district court reviews the recommendation for clear error rather than conducting de novo review.
2. The federal court lacked subject matter jurisdiction over the removed eviction action because an action involving collection of rent does not arise under the Constitution, laws, or treaties of the United States.
3. Jordan's motion for a temporary restraining order and preliminary injunction was moot because the court lacked subject matter jurisdiction over the action.

Questions Presented

1. Whether the federal court had subject matter jurisdiction over the removed state-court eviction action.
2. Whether the magistrate judge's report and recommendation should be reviewed for clear error because no specific objections were filed.
3. Whether Jordan's motion for a temporary restraining order and preliminary injunction was moot after the court determined that it lacked subject matter jurisdiction.

Disposition

remanded